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(영문) 청주지방법원충주지원 2015.02.25 2014가단6032
계약금반환 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 8, 2013, between the Defendant and the Defendant, the Plaintiffs entered into a sales contract (hereinafter “instant sales contract”) with respect to D, E (hereinafter “instant land”) and its ground buildings owned by the Defendant, which includes the following contents, and paid down payment of KRW 15 million to the Defendant.

The purchase-price amount: A contract amount of KRW 128 million (a contract amount of KRW 15 million shall be paid at the time of the contract, and any balance of KRW 113 million shall be paid by September 4, 2013): Before the buyer (the Plaintiff) pays any balance to the seller (the Defendant), the seller may reimburse the remainder of the down payment and the buyer may cancel the contract by giving up the down payment.

B. On September 5, 2013, the day following the remainder payment date, the Defendant completed the registration of ownership transfer for the instant land on the grounds of a sale and purchase contract for the same date.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The gist of the Plaintiffs’ assertion was that the Plaintiffs had no intent to rescind the instant sales contract and were preparing directors.

However, by double selling the instant land to F, the Defendant became unable to perform the obligation to transfer ownership due to a cause attributable to the Defendant.

Therefore, the defendant should be deemed to have cancelled the contract in accordance with the cancellation fee clause of the sales contract of this case. Thus, pursuant to the above provision, the defendant should pay 30 million won, which is a double amount of down payment, to the plaintiffs.

3. In light of the following circumstances, it is not sufficient to recognize that the Defendant was unable to perform the obligation of ownership transfer registration pursuant to the instant sales contract due to the reasons attributable to the Defendant, and that the Defendant rescinded the contract pursuant to the terms of the cancellation fee of the instant sales contract, and there is no other evidence to acknowledge otherwise.

Rather, it is written in the evidence Nos. 1 to 6.

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